Wisc. member needs advice

[Sportdog7]

Fellas, maybe you can help me or steer me in the right direction. I lost a brother who had lived in Cal. the last 11yrs. on April 4th this year. The police there took possession of his guns because at the time they weren't sure of the cause of death. After it had been determined that his death was due to natural causes by the coroner. At that time I asked for them to send the guns here to Wisc. to a FFL licensed gun dealer so I could fill out the background checks on each gun and once approved take possesion of them. Today the Stanislaus county police sent me a letter informing me of the 4 guns they are holding of my brothers,CalicoM-951 in 9mm rifle, Norinco sks, Marlin model 60 22 rifle and a Ruger Mini 14 in 7.62x39. I asked them to send them to my local FFL gun dealer, they said the only way they will release them is if I come to Cal. and get a state of Cal FFL gun dealer with proper license & gun dealer I.D.! What I would like to do instead of going to Cal. is send a notarized letter that states "I'm requesting the local Cal. FFL gun dealer take possession of these guns and then have these guns sent directly to my FFL gun dealer." The local gun dealer here in Wisc. would be named and his FFL permit would be faxed to the Stanislaus county sheriffs office. Understand that under the law if the guns are shipped to Wisc. I would not be able to receive these guns until the proper paper work has been filled out by my local dealer, and approved by the Feds. This would be true if I came to Cal. in person or sent a notarized request instead asking that the guns be shipped. That's why I don't understand the need for me to go 1500 miles to do something that can be done without my prescience. A FFL is a Federal permit that is good in all 50 states, so sending guns from one state to another is something that's done on a regular basis.

Maybe someone here can offer me some advice on what direction I should take to get these guns released?

[stix213]

Should put the type of advice you need in the subject line, so people that know that area of law will know to click here.

[HowardW56]

Should put the type of advice you need in the subject line, so people that know that area of law will know to click here.

And the area of the state or police department involved.....

[Librarian]

Are you a named beneficiary in your brother's will, or have the guns been distributed to you via other probate procedures?

Ordinarily, having seized the guns, the police cannot release them without getting a Law Enforcement Gun Release (LEGR), the equivalent of a DROS background check. (Whether they should have seized them is another issue, but if they thought there was a crime involved, that would be normal procedure.)

See the state web page: http://oag.ca.gov/firearms/legrinfo

If you are the legitimate heir, then Federal law exempts the CA - > WI transfer from using the FFL.

[Sportdog7]

Thanks guys, that's a lot of info you've provided. Since these are all long guns that were taken by the police after my brothers death why can't I ask a local FFL gun dealer in Stanislaus county to pick up those 4 long guns and then send them to my FFL gun dealer here in Wisc.? I will still not be able to obtain these long guns without filing out the transfer here in Wisc. and getting the proper approval. Or am I missing some step?

[choprzrul]

@Sportdog7: There is a very valid reason that 'Librarian' has that name. He knows all things firearms related in the state of California. Pay particular attention to the last 2 lines in his post. While federal law may exempt the transfer requirement if you are the valid heir, those firearms are still located in California and that LE department has no choice but to abide by CA law. Read the link's material and your course will become plain to see.

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[Sportdog7]

Thanks!

[Sportdog7]

Ok here's another thought maybe you guys could answer. What if I have a police officer here in Wisc. ask the Stanislaus county police dept. to have them shipped to their Wisc. police dept.? In other words from one police dept. to another, then the police dept. here in Wisc. can insure that I can legally own the guns by having me fill out any necessary forms?

[choprzrul]

Here is the penal code.

[Sportdog7]

Once again thanks!

[dantodd]

Who is handling your brother's estate? He/she is the one who should get the LEGR from the state and retrieve the guns from the PD. once they have recover the guns they can be shipped to you with no FFL involved.

[choprzrul]

Who is handling your brother's estate? He/she is the one who should get the LEGR from the state and retrieve the guns from the PD. once they have recover the guns they can be shipped to you with no FFL involved.

^^slaps self on forehead^^

Why didn't I think of that?

.

[Sportdog7]

I was the one selected by my brothers and sisters to get the firearms since I have a concealed carry and have purchased many guns. So just how do I get this LEGR form?
and do I send this to the Stanislaus sheriffs dept.? He had no will and his assets are were well below the probate limits, so it was decided I should step forward.

[Sportdog7]

Wasn't paying attention, I see this is a state form can I get this LEGR form online, if not where do I obtain the form?

[tankerman]

I was the one selected by my brothers and sisters to get the firearms since I have a concealed carry and have purchased many guns. So just how do I get this LEGR form?
and do I send this to the Stanislaus sheriffs dept.? He had no will and his assets are were well below the probate limits, so it was decided I should step forward.

http://ag.ca.gov/firearms/forms/pdf/legr.pdf